Children: Public Law Update (Winter 2022) – Family Law Week
‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’
Family Law Week, 7th January 2022
Source: www.familylawweek.co.uk
Category: disabled persons
Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal
‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’
Nearly Legal, 3rd January 2022
Source: nearlylegal.co.uk
Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer
‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’
Local Government Lawyer, 4th January 2022
Source: www.localgovernmentlawyer.co.uk
Doctors up in arms over ‘pre-conception negligence’ ruling – Legal Futures
‘Hundreds of doctors around the country, along with representative organisations, have spoken out over the High Court finding a GP negligent for advice given to a mother before conception which led to the birth of a disabled child.’
Legal Futures, 20th December 2021
Source: www.legalfutures.co.uk
Parcel firms face new rules to improve customer service – The Independent
‘The watchdog unveiled plans to impose new rules on the sector, requiring companies to treat their customers more fairly, following a damning study.’
The Independent, 9th December 2021
Source: www.independent.co.uk
The Abortion Act 1967 and Down Syndrome: Crowter – Law & Religion UK
‘In R (Crowter & Ors) v Secretary of State for Health and Social Care [2021] EWHC 2536 (Admin), the issue before the Court was the fact that the Abortion Act 1967 differentiates between pregnancies where there is a substantial risk that, if born, a child would be “seriously handicapped” (the terminology used in the Act) and those where it would not. The three claimants – a 25-year-old woman with Down Syndrome who had gained an NVQ qualification level, was employed and had recently married, A, a two-year-old with Down Syndrome who had met all his developmental milestones, and A’s mother [6-8] – challenged the disability ground for abortion in section 1(1)(d) of the Act as contrary to Articles 2 (right to life), 3 (inhuman or degrading treatment) and 8 (private and family life) ECHR.’
Law & Religion UK, 3rd December 2021
Source: lawandreligionuk.com
Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer
‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’
Local Government Lawyer, 30th November 2021
Source: www.localgovernmentlawyer.co.uk
Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other
‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’
Each Other, 29th November 2021
Source: eachother.org.uk
Recitation is not application – Nearly Legal
‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’
Nearly Legal, 21st November 2021
Source: nearlylegal.co.uk
The authority of Property and Affairs Deputies – Local Government Lawyer
‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’
Local Government Lawyer, 12th November 2021
Source: www.localgovernmentlawyer.co.uk
Not able to meet the financial requirement of Appendix FM? Do not despair – EIN Blog
‘Financial requirement for the partner visa is satisfied if the sponsor, the British partner, has income of at least £18,600 per year or if the couple have savings of at least £62,500 (slightly more if there are non-British children to be sponsored in the same application). It is possible to meet the financial requirement through a combination of savings and income. The rules are quite prescriptive about the sources of income and the documentary evidence required in support of the application. The evidential requirement depends on the source of income and one of the most common reasons for refusal of an application is failure to meet the evidential requirement.’
EIN Blog, 8th November 2021
Source: www.ein.org.uk
SEND Tribunal case law review – Local Government Lawyer
‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’
Local Government Lawyer, 5th November 2021
Source: www.localgovernmentlawyer.co.uk
The Court of Protection and Criminal Law – UK Human Rights Blog
‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’
UK Human Rights Blog, 30th October 2021
Source: ukhumanrightsblog.com
Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer
‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’
Local Government Lawyer, 29th October 2021
Source: www.localgovernmentlawyer.co.uk
CoA overturns ruling in sex-worker visit case – Law Society’s Gazette
‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog
‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’
UK Human Rights Blog, 25th October 2021
Source: ukhumanrightsblog.com
Menopausal symptoms and disability – Local Government Lawyer
‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’
Local Government Lawyer, 22nd October 2021
Source: www.localgovernmentlawyer.co.uk
Disabled woman to take DWP to court over ‘immoral’ automatic benefit deductions – The Guardian
‘A disabled woman is to challenge the Department for Work and Pensions in court over what she calls its “immoral” policy of allowing landlords and utilities companies to automatically make deductions from monthly benefits payments without the claimant’s consent.’
The Guardian, 15th October 2021
Source: www.theguardian.com
R (Rowley) v Minister for the Cabinet Office – Equality Law Blog
‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’
Equality Law Blog, 13th October 2021
Source: equalitylawblog.com
